Judge Blocks Hegseth’s Attempt To Punish Kelly Over Video on Right To Refuse Illegal Orders

A federal judge at Washington, D.C., has put on hold Defense Secretary Pete Hegseth’s attempt to punish Senator Mark Kelly, a Democrat from Arizona. Mr. Hegseth took the extraordinary step of trying to dock the retirement pay of Mr. Kelly, a retired Navy captain, or demote him for sharing a video in which he and other members of Congress reminded servicemembers of their right to refuse illegal orders.The video, which featured another senator and four members of the House, enraged President Trump when it was posted in November. He shared messages on Truth Social accusing the lawmakers of sedition, and even reposted one user who said posting the video was an offense worthy of execution. Mr. Hegseth quickly responded, saying he would work to punish Mr. Kelly by docking his retirement pay and taking steps to potentially call him back into active service so he can be demoted. “As a retired Navy Captain who is still receiving a military pension, Captain Kelly knows he is still accountable to military justice,” Mr. Hegseth wrote on X, claiming that the video itself was “seditious.” Mr. Hegseth singled out Mr. Kelly because four of the other lawmakers were not officially retired and therefore not subject to his authority. One of the six is a retired CIA officer. Mr. Kelly sued Mr. Hegseth a few weeks later, which resulted in a preliminary injunction being issued on Thursday to stop the Pentagon from taking any action against Mr. Kelly while his lawsuit proceeds through the courts. “Secretary Hegseth relies on the well-established doctrine that military servicemembers enjoy less vigorous First Amendment protections given the fundamental obligation for obedience and discipline in the armed forces,” Judge Richard Leon wrote in his opinion on Thursday.“Unfortunately for Secretary Hegseth, no court has ever extended those principles to retired servicemembers, much less a retired servicemember serving in Congress and exercising oversight responsibility over the military.” “This Court will not be the first to do so!” exclaimed the judge, who was appointed by a Republican president, George W. Bush. Judge Leon’s opinion was peppered with digs at Mr. Hegseth for his actions, including for trying to “shrink” the First Amendment rights of retired servicemembers. In total, Judge Leon included 14 exclamation points in his 29-page opinion to stress his objections to the secretary’s actions. He added even more color to his opinion by quoting Bob Dylan. “This Court has all it needs to conclude that Defendants have trampled on Senator Kelly’s First Amendment freedoms and threatened the constitutional liberties of millions of military retirees. After all, as Bob Dylan famously said, ‘You don’t need a weatherman to know which way the wind blows,’” Judge Leon wrote. “To say the least, our retired veterans deserve more respect from their Government, and our Constitution demands they receive it!” the judge concluded. In a statement, Mr. Kelly said the case was not about him, but about the constitutional rights of all Americans. “After decades of public service, I can’t think of anything more important I can do for my country than defending the free speech rights of millions of retired veterans and all Americans,” the Arizona senator wrote. “I appreciate the judge’s careful consideration of this case, and the clarity of his ruling.”It isn’t just Mr. Kelly who faces a campaign of retribution from the administration. The Justice Department, which has a stunning record of failure in its efforts to prosecute the president’s enemies, was unable Tuesday to get a grand jury to indict all six Democratic lawmakers who participated in the video last year.“Today, it was a grand jury of anonymous American citizens who upheld the rule of law and determined this case should not proceed. Hopefully, this ends this politicized investigation for good,” Senator Elissa Slotkin, a retired CIA officer who was featured in the video, said of the decision by a U.S. attorney, Jeanine Pirro, to try to indict the six lawmakers. “[W]hether or not Pirro succeeded is not the point. It’s that President Trump continues to weaponize our justice system against his perceived enemies. It’s the kind of thing you see in a foreign country, not in the United States we know and love,” she wrote.

Judge Blocks Hegseth’s Attempt To Punish Kelly Over Video on Right To Refuse Illegal Orders

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